The General Assembly,
Guided by the purposes and principles embodied in the Charter of the
United Nations, the Universal Declaration of Human Rights and the
International Covenants on Human Rights,
Taking note of the Agreement on a Comprehensive Political Settlement of
the Cambodia Conflict, signed in Paris on 23 October 1991, including part III
thereof, relating to human rights,
Taking note also of Commission on Human Rights resolution 1996/54 of 19
April 1996, and recalling General Assembly resolution 50/178 of 22 December
1995 and previous relevant resolutions, including Commission on Human Rights
resolution 1993/6 of 19 February 1993, in which the Commission recommended the
appointment of a special representative for human rights in Cambodia, and the
subsequent appointment by the Secretary-General of a special representative,
Bearing in mind the role and responsibilities of the United Nations and
the international community in the process of the rehabilitation and
reconstruction of Cambodia,
Recognizing that the tragic recent history of Cambodia requires special
measures to assure the promotion and protection of the human rights of all
people in Cambodia and the non-return to the policies and practices of the
past, as stipulated in the Agreement signed in Paris on 23 October 1991,
Commending the continued operation in Cambodia of the office of the
Centre for Human Rights of the Secretariat,
Welcoming the understanding reached between the Special Envoy of the
Secretary-General and the Government of Cambodia in May 1995 regarding
increased consultations between the Centre for Human Rights and the Government
of Cambodia,
1. Requests the Secretary-General, through his Special Representative
for human rights in Cambodia, in collaboration with the Centre for Human
Rights of the Secretariat, to assist the Government of Cambodia in ensuring
the protection of the human rights of all people in Cambodia and to ensure
adequate resources, from within existing resources, for the enhanced
functioning of the operational presence in Cambodia of the Centre;
2. Welcomes the report of the Secretary-General on the role of the
Centre for Human Rights in assisting the Government and people of Cambodia in
the promotion and protection of human rights;
3. Also welcomes the continuing role of the United Nations High
Commissioner for Human Rights in the promotion and protection of human rights
in Cambodia and the signing of a memorandum of understanding with the
Government of Cambodia to allow the office in Cambodia of the Centre for Human
Rights to continue to operate for the next two years and to maintain its
technical cooperation programmes;
4. Commends the work of the former Special Representative of the
Secretary-General, Mr. Michael Kirby, in promoting and protecting human rights
in Cambodia, and welcomes the appointment by the Secretary-General of Mr.
Thomas Hammarberg as his new Special Representative;
5. Takes note with appreciation of the report of the Special
Representative, and endorses his recommendations and conclusions, including
those aimed at combating child prostitution and trafficking and ensuring the
independence of the judiciary and the establishment of the rule of law,
freedom of expression and the promotion of an effective, functioning
multi-party democracy;
6. Requests the Special Representative, in collaboration with the
office in Cambodia of the Centre for Human Rights, to continue his evaluation
of the extent to which the recommendations made by the Special Representative
in his report, and those contained in reports of his predecessor, are followed
up and implemented;
7. Requests the Secretary-General to provide all necessary resources,
from within the regular budget of the United Nations, to enable the Special
Representative to continue to fulfil his tasks expeditiously;
8. Welcomes the efforts made by the Government of Cambodia to promote
and protect human rights, in particular in the area of human rights education
and the essential area of creating a functioning and impartial system of
justice, urges that efforts continue in this area, and encourages the
Government to improve the conditions of prisons;
9. Notes that communal elections are due to be held in 1997 and
National Assembly elections in 1998, and strongly urges the Government of
Cambodia to promote and uphold the effective functioning of multi-party
democracy, including the right to form political parties, stand for election
and take part freely in a representative Government, and to freedom of
expression, in accordance with the principles set out in paragraphs 2 and 4 of
annex 5 to the Agreement signed in Paris on 23 October 1991;
10. Welcomes the proposed measures, outlined by the Government of
Cambodia in its comments on the report of the Secretary-General, to ensure
that the forthcoming communal and national elections are free and fair, that
members of the armed forces remain neutral during the election campaign, that
the individual vote is confidential and that local and international observers
are welcomed;
11. Calls upon the Government of Cambodia to investigate cases of
violence and intimidation directed at minor political parties and their
supporters, as well as against media personnel and offices, and to bring to
justice those responsible;
12. Also calls upon the Government of Cambodia to ensure fair access
to government television and radio regardless of political affiliation and to
ensure that the people of Cambodia have access to a variety of information,
especially in the lead-up to the elections;
13. Commends the Government of Cambodia for its constructive approach
to the inclusion of Cambodian human rights non-governmental organizations in
the rehabilitation and reconstruction of Cambodia, and recommends that their
skills be drawn upon to assist in ensuring that forthcoming elections are free
and fair;
14. Expresses serious concern at the comments made by the Special
Representative concerning the continuing problem of impunity, whereby the
courts in several areas are reluctant or unable to charge members of the
military, police and other security forces for serious criminal offences, and
encourages the Government of Cambodia, as a matter of urgent priority, to
address this problem, which in effect places the military and police above the
principle of equality before the law;
15. Expresses grave concern about the atrocities that continue to be
committed by the Khmer Rouge, including the taking and killing of hostages and
other deplorable incidents detailed in the reports of the Special
Representative and his predecessor;
16. Also expresses grave concern about the serious violations of human
rights as detailed in the reports of the Special Representative and his
predecessor, and calls upon the Government of Cambodia to prosecute in
accordance with the due process of the law and international standards
relating to human rights all those who have perpetrated human rights
violations;
17. Calls upon the Government of Cambodia to ensure the full
observance of human rights for all persons within its jurisdiction in
accordance with the International Covenants on Human Rights and other human
rights instruments to which Cambodia is a party;
18. Urges the Government of Cambodia to give priority attention to
combating child prostitution and trafficking and, in this connection, to work
with the office in Cambodia of the Centre for Human Rights and
non-governmental organizations to develop an action plan;
19. Recognizes the seriousness with which the Government of Cambodia
has approached the preparation of its initial reports to the relevant treaty
bodies, and encourages the Government to continue its efforts to meet its
reporting obligations under international human rights instruments, drawing on
the assistance of the office in Cambodia of the Centre for Human Rights;
20. Encourages the Government of Cambodia to request the Centre for
Human Rights to provide advice and technical assistance with respect to the
creation of an independent national institution for the promotion and
protection of human rights;
21. Commends the ongoing efforts of the office in Cambodia of the
Centre for Human Rights in supporting and assisting the Government of
Cambodia, as well as non-governmental organizations and others involved in the
promotion and protection of human rights in cooperation with the Government;
22. Welcomes and encourages the efforts of individuals,
non-governmental organizations, Governments and international organizations
involved in human rights activities in Cambodia;
23. Notes with appreciation the use by the Secretary-General of the
United Nations Trust Fund for a Human Rights Education Programme in Cambodia
to finance the programme of activities of the office in Cambodia of the Centre
for Human Rights as defined in resolutions of the General Assembly and the
Commission on Human Rights, and invites Governments, intergovernmental and
non-governmental organizations, foundations and individuals to consider
contributing funds to the Trust Fund;
24. Requests the Centre for Human Rights, in cooperation with the
relevant specialized agencies and development programmes, to develop and
implement programmes, with the consent and cooperation of the Government of
Cambodia, in the priority areas identified by the Special Representative,
paying particular attention to vulnerable groups, including women, children,
disabled persons and minorities;
25. Expresses grave concern at the devastating consequences and
destabilizing effects of the indiscriminate use of anti-personnel landmines on
Cambodian society, encourages the Government of Cambodia to continue its
support and efforts for the removal of these mines, and urges the Government
to ban all anti-personnel landmines;
26. Requests the Secretary-General to report to the General Assembly
at its fifty-second session on the role of the Centre for Human Rights in
assisting the Government and the people of Cambodia in the promotion and
protection of human rights and on the recommendations made by the Special
Representative on matters within his mandate;
27. Decides to continue its consideration of the situation of human
rights in Cambodia at its fifty-second session.